Garno v. Ruger et al, No. 1:2014cv00239 - Document 49 (W.D.N.Y. 2019)

Court Description: DECISION AND ORDER adopting Magistrate Judge H. Kenneth Schroeder, Jr.'s 48 Report and Recommendation. Defendants' 41 motion for summary judgement is granted, and pro se plaintiff's 45 motion to dismiss the defendants&# 039; summary judgment motion is denied. The Clerk of Court shall take all steps necessary to close the case. A copy of the Decision and Order along with this entry have been mailed to Greg Garno, 15-B-0533, CLINTON CORRECTIONAL FACILITY, Box 2001, Dannemora, NY 12929. SO ORDERED. Signed by Hon. Richard J. Arcara on 9/12/2019. (LAS)-CLERK TO FOLLOW UP-

Download PDF
Garno v. Ruger et al Doc. 49 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK GREG GARNO, 15-B-0533, Plaintiff, DECISION AND ORDER 14-CV-239-A v. CLAY RUGER, RONALD SPIKE, JASON COOK, and THE COUNTY OF YATES, Defendants. This pro se civil rights case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On March 29, 2019, Magistrate Judge Schroeder filed a Report and Recommendation (Dkt. No. 48), recommending that defendants’ motion for summary judgment (Dkt. No. 41) pursuant to Fed. R. Civ. P. 56 be granted, and that plaintiff Garno’s motion to dismiss the defendants’ summary judgment motion (Dkt. No. 45) be denied. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in the Report and Recommendation, defendants’ motion for summary judgment (Dkt. No. 41) is granted, and pro se plaintiff’s motion to dismiss the defendants’ summary judgment motion (Dkt. No. 45) is denied. Dockets.Justia.com The Clerk of Court shall take all steps necessary to close the case. IT IS SO ORDERED. __s/Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: September 12, 2019 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.